Child Support Modifications in Jacksonville

How is child support calculated in Florida?

Under Florida law, both parents are obligated to financially support their
minor child(ren). Depending on the couple's
timesharing plan, however, the court may order one parent to make monthly payments to the
other for the purposes of contributing to the financial support of their child.

If the court had ordered a 70/30 joint custody arrangement, for example,
they may also ask the parent with lesser custody obligations to make child
support payments. The exact amount of these payments will be determined
by an established formula—which takes the parents' net worth, health
insurance premiums, daycare costs, etc. into consideration.

The formula will also look at the number of over-night stays that the child
will have with the "paying parent," as a modification would
be necessary if the child spends more than 73 nights with them each year.
Various other factors will also be taken into consideration, but these
can be addressed when speaking with a Jacksonville divorce lawyer from
Charles E. Willmott, P.A.

When could I request a child support modification?

Whether you are the parent who is paying or receiving child support, it
is important to understand that a modification can be requested at any
time. You would only need to prove that a significant, unanticipated and
lasting change has taken place after the original order was issued by
the court.

So what exactly constitutes a "lasting change" under the law?
Well, typically you must be able to show that the change has lasted, or
is anticipated to last, at least one year or longer. The change could
require either an increase or decrease in the amount of
child support that is currently being paid, but it must warrant at least a 15% difference
or $50 per month, depending on which amount is greater.

It is also important to understand that proof of a significant change would
not give one parent reason to stop paying child support. Even though they
may intend to request a modification, they must uphold their financial
obligations until the court order has been put into effect—if at all.

What would qualify as a significant, lasting & unanticipated change?

If you are interesting in modifying a current child support arrangement,
you must be able to show that a significant, lasting and unanticipated
change has taken place. While numerous "life changes" may fit
under this broad definition, it is important to understand that the scope
of this requirement is actually rather narrow.

For this reason, I encourage you to take a look at some of the most common
reasons that people request child support
modifications in Florida:

Increase / decrease in one parent's income

Increase / decrease in daycare costs

Increase / decrease in health insurance costs

One parent becomes permanently disabled

The child becomes legally emancipated

One parent receives a large inheritance

Increase / decrease in the cost of living

Will I need to retain the help of a qualified attorney?

Depending on the specific nature of your case, it may be difficult to successfully
acquire a child support modification without the help of a divorce attorney.

Since there are numerous factors that must be taken into consideration—whether
you are currently paying or receiving child support—it is highly
recommended that you discuss your case with the legal team at Charles
E. Willmott, P.A. before moving forward.

In doing so, you can ensure that you are adequately prepared for the process
ahead. Just call my firm's
Jacksonville divorce lawyers at (904) 849-5183.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

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